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LEE v. FIDELITY & CAS. CO. OF NEW YORK

No. 76-2642.

567 F.2d 1340 (1978)

Laurie B. LEE, Plaintiff-Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 29, 1978.

Attorney(s) appearing for the Case

Hamilton Lokey, Charles M. Lokey, Atlanta, Ga., for plaintiff-appellant.

George W. Hart, James M. Poe, Atlanta, Ga., for defendant-appellee.

Before BROWN, Chief Judge, THORNBERRY, and MORGAN, Circuit Judges.

MORGAN, Circuit Judge:

Plaintiff, Laurie Lee, wife and beneficiary of the deceased, appeals from an order granting summary judgment for the defendant insurance company. The sole issue on appeal is whether summary judgment was proper. We hold that it was not.

This action was brought to recover accidental death benefits under two group insurance policies issued by the Fidelity and Casualty Company of New York. The claims arise from the death, on December 17...

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